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ดุลพาห

language barriers, litigation costs, and the difficulty of enforcement of a judgment.
On the other hand, a Thai plaintiff may have to seek remedies in a foreign court and

encounter the same hardship if Thai courts deny international jurisdiction. Factors
such as a foreign party’s ability to obtain effective representation, linguistic capability,

hardships on plaintiffs, and particular regulatory interests in the application of the
forum state’s law and policy are exclusively the domain of transnational litigations .
105
Secondly, the fairness and burden between parties in a domestic case can be flexibly
adjusted by the court’s discretion to transfer the case to a more appropriate forum.

According to the Section 6 of the CPC , the defendant is entitled to request the court
106
to transfer the case to another court of competent jurisdiction due to inconvenience

or injustice. As for a transnational case, however, Thai courts cannot transfer such a
case to a more appropriate foreign court for the same reason. Thirdly, the availability

of evidence is a significant connecting factor for establishing jurisdiction in
transnational disputes. The taking of evidence from abroad is a time-consuming

process and the parties may face serious obstacles in obtaining evidence when
located outside the jurisdiction of the court handling the case . This can prolong the
107
proceedings and hinder the realization of a fair and speedy trial. Furthermore, the rules
on international jurisdiction may have an influence on the process of recognition and

105. Linda Silberman observed that the due process judicial jurisdictional standard of the US courts with
respect to foreign defendants was different from the standard for domestic defendants in interstate
cases. US courts have discussed a variety of factors that are not discussed in domestic cases. See Linda
J. Silberman and Nathan D. Yaffe, “The Transnational Case in Conflict of Laws: Two Suggestions for
the New Restatement Third of Conflict of Law - Judicial Jurisdiction over Foreign Defendants and Party
Autonomy in International Contracts,” Duke Journal of Comparative & International Law 27, (2017):
407-422.
106. Section 6’s first paragraph of the CPC provides:
“Prior to filling an affidavit, the defendant is entitled to file a motion in the Court where a complaint
was submitted requesting the Court to transfer the case to another Court having territorial jurisdiction
over such case. The motion shall identify the reason that it will be inconvenient if a trial is to be
further proceeded in that Court or the defendant may not be granted justice, the Court may issue its
order permitting such transfer if it deems appropriate. ”
107. Sato and Kobayashi, “Ichimon itto,” 14.

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